Townsend v. Jacobs et al
| Robert Townsend |
| Tanner K. Jacobs, Sarah E. Seberger, Mr Douglas J Quivey and Anthony Wright |
| 3:2022cv03059 |
| April 19, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 46 JUDGMENT entered in a civil case (SAG) |
Filing 45
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 5/9/2022. IT IS THEREFORE ORDERED: 1) The Court DISMISSES, with prejudice, Plaintiff's complaint #1 under Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A(b)(1) for failure to state a federal claim upon which relief may be granted. Because any amendment to the complaint would be futile, the Court DIRECTS the Clerk to enter a judgment under Fed. R. Civ. P. 58. 2) The Clerk is directed to record this dismissal as a strike in the district's internal log. 3) Plaintiff's #4 motion for appointment of counsel is DENIED. Plaintiff has not demonstrated that he made reasonable attempts to find counsel on his own. See Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007). Further, Plaintiff appears competent to proceed pro se at this stage. His complaint adequately explained why Plaintiff believed his rights were being violated, which was all Plaintiff was required to do at this stage. 4) Plaintiff's #14 Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 is DENIED. 5) Plaintiff's Motions #7 , #8 , #9 , #13 , #23 , and #38 are now MOOT. 6) Plaintiff remains responsible for any unpaid balance of the $350.00 filing fee even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court as directed in the Court's prior order. (See Text Order 4/29/2022). 7) If Plaintiff wishes to appeal this judgment, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leave to appeal in forma pauperis MUST identify the issues Plaintiff will present on appeal to assist the Court in determining whether the appeal is taken in good faith. See Fed. R. App. P. 24(a)(1)(c); see also Celske v Edwards, 164 F.3d 396, 398 (7th Cir. 1999) (stating that an appellant should be allowed to submit a statement of the grounds for appealing so that the district judge "can make a reasonable assessment of the issue of good faith"); Walker v O'Brien, 216 F.3d 626, 632 (7th Cir. 2000) (providing that a good-faith appeal is an appeal that "a reasonable person could suppose... has some merit" from a legal perspective). If Plaintiff does choose to appeal, he will be liable for the $505.00 appellate filing fee regardless of the outcome of the appeal. SEE FULL WRITTEN ORDER.(SAG)
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TEXT ORDER entered by Judge Joe Billy McDade on 4/29/2022. Plaintiff's petition for leave to proceed in forma pauperis is granted #3 . Pursuant to 28 U.S.C. Section 1915(b) (1), Plaintiff is assessed an initial partial filing fee of $81.47. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source, including gifts. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office, and to Plaintiff.(SAG)
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| Filing 44 +++ PRISONER TRUST FUND LEDGER by Robert Townsend. (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/21/2022. Upon review of the case, United States District Judge Bruce hereby recuses himself pursuant to 28 U.S.C. Sec 455. This case is transferred to Chief United States District Judge Sara L. Darrow for further proceedings or for reassignment as she deems appropriate. (KE)
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TEXT ORDER REASSIGNING CASE entered by Chief Judge Sara Darrow on 4/21/2022. Case reassigned to Judge Joe Billy McDade for all further proceedings. Judge Colin Stirling Bruce no longer assigned to case. (KE)
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| Filing 43 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 5/3/2022. (KE) |
| Filing 42 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802. Merit Review Deadline set for 5/9/2022. (Attachments: #1 Notice Regarding Privacy Issues) (KB) |
| Filing 41 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-06548. . |
| Filing 40 TRANSFERRED to the Central District of Illinois - Springfield the electronic record. (gcy, ) |
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Filing 39
ORDER: Pursuant to 28 U.S.C. 1406(a) or, in the alternative, 28 U.S.C. 1404(a), the Court transfers this lawsuit to the Central District of Illinois, Springfield Division. The Clerk shall effectuate the transfer forthwith. This case and all pending motions are terminated on this court's docket. Civil case transferred. Civil case terminated. Signed by the Honorable Sara L. Ellis on 4/18/2022. Mailed notice(gcy, )
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| Filing 37 DECLARATORY Judgment sought memorandum of laws by Robert Townsend. (Envelope not postmarked). (jn, ) |
| Filing 38 APPLICATION by Plaintiff Robert Townsend for leave to proceed in forma pauperis. (Exhibits). (Envelope not postmarked). (jn, ) |
| Filing 36 REVISED claim and violations, complaint 42 USC 2241 Memorandum of Laws by Robert Townsend. (Envelope not postmarked). (jn, ) |
| Filing 35 MAKING false statement within jurisdiction by Robert Townsend. (Envelope not postmarked). (jn, ) |
| Filing 34 ENTITLED to relief 28 USC 1915A F.R.CP 8(A) 12(B)(6) Memorandum of Laws Pro Se Litigant by Robert Townsend. ( Envelope not postmarked). (jn, ) |
| Filing 33 MEMORANDUM of Laws articulated preponderance proffered honest facts by Robert Townsend. (Envelope not postmarked). (jn, ) |
| Filing 32 DECLARATION of inmate filing by Robert Townsend. (Envelope not postmarked). (jn, ) |
| Filing 31 APPLICATION by Robert Townsend for release (Exhibits) (Attachments: #1 Envelope not postmarked)(exr, ) |
| Filing 30 MEMORANDUM of Laws by Robert Townsend (Attachments: #1 Exhibit, #2 Declaration)(rp, ) |
| Filing 29 APPLICATION to proceed as a Veteran. (No Envelope postmark date). (gcy, ) |
| Filing 28 MEMORANDUM by Robert Townsend. (Attachments). (No Envelope postmark date). (gcy, ) |
| Filing 27 NOTICE of motion by Robert Townsend (Memorandum of law) (Envelope not postmarked) (lma, ) |
| Filing 26 MEMORANDUM of law by Robert Townsend (lma, ) |
| Filing 25 MEMORANDUM of law by Robert Townsend (lma, ) |
| Filing 24 MEMORANDUM of law by Robert Townsend (lma, ) |
| Filing 23 MOTION by Plaintiff Robert Townsend for relief. (Memorandum of Law) (lma, ) |
| Filing 22 NOTICE of motion by Robert Townsend (Memorandum of law) (lma, ) |
| Filing 21 MEMORANDUM of law by Robert Townsend (lma, ) |
| Filing 20 REQUEST by Plaintiff Robert Townsend for consent form. (rp, ) |
| Filing 19 MEMORANDUM by Robert Townsend of Law. (rp, ) |
| Filing 18 MEMORANDUM by Robert Townsend of Laws (rp, ) |
| Filing 17 SUPPLEMENT by Plaintiff Robert Townsend to Memorandum of Law. (Envelope post marked) (rp, ) |
| Filing 16 MEMORANDUM by Robert Townsend of Laws; Notice of Appeal; Motion for Release (rp, ) |
| Filing 14 RECEIVED PETITION for writ of habeas corpus filed by Robert Townsend against Tanner K. Jacobs, Douglas J Quivey, Sarah E. Seberger, Anthony Wright (rp, ) |
| Filing 13 MOTION by Plaintiff Robert Townsend for relief (rp, ) |
| Filing 12 NOTICE of Motion by Robert Townsend : Memorandum (rp, ) |
| Filing 11 MEMORANDUM by Robert Townsend (rp, ) |
| Filing 10 MEMORANDUM of laws by Robert Townsend (rp, ) |
| Filing 9 MOTION by Plaintiff Robert Townsend to Judge. (rp, ) |
| Filing 8 MOTION by Plaintiff Robert Townsend for relief (Envelope not post marked) (rp, ) |
| Filing 7 MOTION by Plaintiff Robert Townsend (Exhibits) (Envelope not post marked) (rp, ) |
| Filing 6 LETTER from Robert Townsend dated 12/27/21. (Exhibits) (Post marks illegible) (jn, ) |
| Filing 5 MEMORANDUM of laws by Robert Townsend (Envelope post marked 12/27/21) (rp, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Robert Townsend. (ph, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, ) |
| Filing 4 MOTION by Plaintiff Robert Townsend for attorney representation. (Exhibits) (ph, ) |
| Filing 3 APPLICATION by Plaintiff Robert Townsend for leave to proceed in forma pauperis. (ph, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by Robert Townsend. (Envelope not postmarked) (ph, ) |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (ph, ) |
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